Business and Personal Finance Dictionary
# A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
- FEDERAL FAIR HOUSING LAW
In 1968, Congress enacted Title VIII of the Civil Rights Act, called the Federal Fair Housing Act, which declared a national policy of providing fair housing throughout the United States (reference Sections 3601-3631 of Title 42, United States Code). This law makes discrimination based on race, color, sex, familial status, handicap, religion or national origin illegal in connection with the sale or rental of most dwellings and any vacant land offered for residential construction or use. The law does not prohibit discrimination in other types of real estate transactions, such as those involving commercial or industrial properties. The law is administered by the Office of Equal Opportunity (OEO) under the direction of the Secretary of the Department of Housing and Urban Development (HUD). (See Civil Rights Act of 1968, Fair Housing Act, HUD) As amended in 1972, the law instituted the use of equal opportunity posters (11" x 14") for display at brokerage houses, model home sites, mortgage lenders' offices and other related locations. Failure to display the poster constitutes prima facie evidence of discrimination if a broker who does not display the sign is investigated by HUD on charges of discrimination. The poster must show the equal housing opportunity slogan: Equal Housing Opportunity. It must also carry the equal housing opportunity statement: We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, familial status, handicap or national origin. The fair housing law provides protection against the following acts of discrimination, if they are based on race, color, sex, familial status, handicap, religion or national origin: Refusing to sell, rent, deal or negotiate with any person. Misrepresenting terms or conditions for buying or renting housing. Advertising that housing is available only to persons of a certain race, color, sex, familial status, handicap, religion or national origin (such as placing sold signs when the property in fact is not sold). Denying that housing is available for inspection, sale or rent when it really is available. (This includes a practice called steering, whereby certain brokers may direct members of certain minority groups away from some of their listings in racially unmixed areas.) Blockbusting, a practice whereby a broker hopes to profit through persuading owners to sell or rent housing by telling them that minority groups are moving into the neighborhood; also called panic peddling. Denying or requiring different terms or conditions for home loans made by commercial lenders such as banks, savings and loan associations and insurance companies. Denying to anyone the use of, or participation in, any real estate service such as broker's organizations, multiple-listing services or other facilities related to the selling or renting of housing. The Fair Housing Act applies to the following: Single-family housing owned by private individuals and sold through a broker or other person who is in the business of selling or renting dwellings is employed (includes use of MLS) and has used discriminatory advertising is used. Single-family housing not owned by private individuals, such as those owned by development corporations. Single-family housing owned by a private individual who owns more than three such dwellings or who, in any two-year period, sells more than one dwelling in which he or she was not the most recent resident. Multifamily dwellings of five or more units. Multifamily dwellings containing four or fewer units, if the owner does not reside in one of the units.Back